Terms of Use
NV Synthetic grass LLC Terms of Use These Terms of Use (hereinafter, the “Terms”) are a legal contract between you and Nv synthetic grass llc , (hereinafter, “Nv synthetic grass llc”, “us” or “we”), and set forth the terms and conditions which govern your use of the website located at the URL: www.lvsyntheticgrass.com. and its subdomains (hereinafter, the “Site”), and the text, graphics, videos, photographs and other content (collectively referred to as “Materials”) made available on the Site. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SITE. BY USING ANY PART OF THE SITE AND/OR MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY MATERIALS AND MUST IMMEDIATELY CEASE SUCH USE. NV SYNTHETIC GRASS MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON THE SITE. BY USING THIS SITE AFTER NV SYNTHETIC GRASS LLC HAS UPDATED THESE TERMS, YOU ARE AGREEING TO ALL THE UPDATED TERMS; IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS, YOU MUST STOP USING THE SITE. NOTE: THESE TERMS CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH NV SYNTHETIC GRASS . YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. Using the Site. By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability he or she may incur. In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Site and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit the Site or any of the Materials in any manner. If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site. Unfortunately, if you breach any of the terms of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof). Prohibited Activities. You are authorized to use the Site only for personal use (the “Permitted Purpose”). Any other use of the Site beyond the Permitted Purpose is prohibited and, therefore, constitutes unauthorized use of the Site. This is because as between you and Nv synthetic grass, all rights in the Site and Materials remain our property. Unauthorized use of the Site may result in violation of various United States and international copyright laws. If we determine that you act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the Site. By way of example, you specifically agree that you shall not: use the Site or any Materials for any public or commercial purpose, which includes use of the Materials on another site or through a networked computer environment; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Materials, information, software, products or services obtained through the Site; transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; impersonate any person or entity, including without limitation, any Nv synthetic grass official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; Use racially, ethnically, or otherwise offensive language. Discuss or incite illegal activity. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated). Post anything that exploits children or minors or that depicts cruelty to animals. Post any copyrighted or trademarked materials without the express permission from the owner. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation. Use any robot, spider, scraper or other automated means to access the Site. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Alter the opinions or comments posted by others on this Site. Post anything clearly false or misleading. Post anything unrelated to our business, products or services. Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. Nv synthetic reserves the right to terminate your access to the Site, with or without cause and with or without notice, for any reason or no reason, or for any action that NV Synthetic Grass determines is inappropriate or disruptive to the Site or to any other user of this Site. Nv Synthetic Grass may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Nv Synthetic Grass discretion, NV Synthetic Grass will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. You agree to indemnify and hold NV Synthetic Grass and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Nv Synthetic Grass or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. Links to Third-Party Sites. We may provide links from the Site to third-party websites (“Third-Party Sites”), including, but not limited to, links to websites owned by third parties who manage the sales of our branded merchandise. If you use these links, you will leave the Site. Nv Synthetic Grass provides these links to you as a convenience, and we do not verify, make any representations, or take responsibility for the Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third-Party Sites. Therefore, unless specifically stated on the Site, we do not endorse or make any representations about Third-Party Sites or any information, material, or results that may be obtained through the use of Third-Party Sites. If you decide to access any of the Third-Party Sites linked to by the Site, you do so entirely at your own risk, and you must follow the privacy policies and the terms and conditions for those Third-Party Sites. YOU AGREE THAT NV SYNTHETIC GRASS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, FOR ANY THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO ANY GOODS, SERVICES, INFORMATION, RESOURCES, OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Electronic Communications. By using the Site and/or the Materials, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Materials, Products or your purchases. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Proprietary Rights. The trademarks, service marks, and logos of Nv Synthetic Grass (“Our Trademarks”) used and displayed on various parts of the Site are registered and unregistered trademarks or service marks of Nv Synthetic Grass. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Site are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Reporting Violations of Your Copyrights or other Intellectual Property Rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Nv Synthetic Grass infringe your copyright, you, or your agent may send to Nv Synthetic Grass a notice requesting that the material be removed or access to it be blocked. If you believe your copyright or other intellectual property right is being infringed by a user of the Site, please provide written notice to our agent for notice of claims of infringement at: info@lvsyntheticgrass.com To be sure the matter is handled immediately, your written notice must: Contain your physical or electronic signature; Identify the copyrighted work or other intellectual property alleged to have been infringed; Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; Contain a statement that the information in the written notice is accurate; and Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern. Please be aware that there can be penalties for false claims under the DMCA. Disclaimer of Warranties. Your use of the Site is at your own risk. The Materials may include inaccuracies or typographical or other errors. Nv Synthetic Grass does not warrant the accuracy or timeliness of the Materials contained on the Site and we have no liability for any errors or omissions in the Materials, whether provided by Nv Synthetic Grass , our licensors or suppliers, or other users. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR MATERIALS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SITE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN NV SYNTHETIC GRASS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. THE FOREGOING DISCLAIMER OF WARRANTY, HOWEVER, DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY NV SYNTHETIC GRASS AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NV SYNTHETIC GRASS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS; (ii) ANY CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR IN THE MATERIALS; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT OR MATERIALS ON OR ACCESSIBLE THROUGH THE SITE, OR (vii) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL NV SYNTHETIC GRASS’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SITE AND/OR FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT NV SYNTHETIC GRASS’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW. Indemnification. You agree to indemnify, defend, and hold Nv synthetic grass and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms, and/or (ii) your access or use of the Site. This Section shall survive in the event these Terms are terminated for any reason. Jurisdictional Issues. Nv Synthetic Grass controls and operates the Site from the United States of America and makes no representation or warranty that the Site, Materials or Products are appropriate or available for use in locations outside the United States. Those who choose to purchase Products or access the Site and/or Materials from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Nv Synthetic Grass reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site and/or Materials to any person, geographic area, or jurisdiction we so desire, and/or to limit the quantities of any Products that we provide. Feedback. To the maximum extent permitted by applicable law, any submissions you provide to us regarding the Site, Materials and/or Products (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable and/or subject to copyright, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. Termination. You agree that Nv Synthetic Grass, in its sole discretion, may terminate your account, or use of the Site or Materials (in whole or in part), and remove and discard any content from the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event that we suspend or terminate your access to the Site, you will continue to be bound by the terms of these Terms that were in effect as of the date of your suspension or termination. Dispute Resolution and Arbitration; Class Action Waiver. Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights. Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Nv Synthetic Grass arising out of these Terms shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). Class Action Waiver Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Nv Synthetic Grass specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above. No Judge Or Jury In Arbitration Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Nv Synthetic Grass are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Nv Synthetic Grass might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Severability If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court. Continuation This Provision shall survive the termination of your service, subscription or agreement with Nv Synthetic Grass or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Nv Synthetic Grass makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Nv Synthetic Grass to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises. Contact Us. If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Nv Synthetic Grass,(855)874-7277 , or by email at rocio.cuevas@lvsyntheticgrass.com